New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Partnership act 1908

Legal area

Court

1 Feb 2008

MOULDER V CHECKPOINT METO LIMITED HC NAP CIV 2007-441-000578

Citation

openlaw-03e24198_9354_46b7_b01f_08588d7f5fc4.pdf
Court

High Court

Uplift refused: the respondent bore some responsibility for procedural confusion in the District Court pleadings, the appeal did not materially lengthen because of the further evidence, and the application to adduce further evidence had costs directed to lie where they fell; therefore no uplift and standard costs awarded to respondent on a 2B basis with disbursements fixed by the Registrar.
18 Sept 2006

FRANICH V HARRISON HC AK CIV-2003-404-4131

Citation

openlaw-fa38d57e_8b73_4cb5_866b_dc6fafa08e3e.pdf
Court

High Court

The 7 June 2002 agreement created a partnership between Franich and Harrison; Harrison breached his fiduciary duties by retaining the $65,000 capital contribution and failing to reimburse $10,000 of syndication proceeds and must account and disgorge those amounts; the Magic Ring Syndicate agreement did not create a partnership but Harrison acted as agent and owed fiduciary duties as manager, improperly taking $50,000 which he must disgorge though he may have an unresolved quantum meruit claim; the 6 August 2003 committee resolutions were invalid for lack of proper constitution and could not l…